That's the question facing police departments around the country
From the October 2006 Issue - Law Enforcement Technology
By Kay Falk
Officers are injured, and some die, when a high-speed pursuit ends in a
crash. Often innocent people who happen to be in the vicinity at the
wrong time are also hurt or killed. Both situations are bad for officers,
police departments, the victims, their families and the public at
large.
"Back when I started studying police pursuits in the 1980s, law
enforcement was concerned with officer injuries," recalls Geoffrey Alpert, a criminology professor at the University of South Carolina. "But since
the early 1990s that emphasis has shifted. Police departments are
wondering how important is it to risk the public to pursue fleeing suspects wanted for minor property offenses or traffic infractions. Many in law enforcement now are restricting pursuits to suspects of violent
felonies."
He says that research has shown the threshold where it's worth the risk
to the public is at the violent felony level. "The arguments that if
people run from officers, they're obviously guilty, or if you don't chase
fleeing suspects, everyone will flee ¯ they have turned out to be
myths," Alpert asserts. "Often the people who run from officers are petty
criminals making stupid decisions. Police are learning that they don't
want the blood of innocent victims on their hands just to catch someone
for speeding."
Alpert reads about police departments restricting their pursuit
policies every week or so. "It's an increasing trend, and from my viewpoint, a good one," he says. "Officers aren't missing anything, what they're doing is saving lives."
He admits there are no national statistics on how many injuries and
deaths result from high-speed pursuits gone badly because only a handful
of states keep records on this. "But I do know that approximately 40
percent of all pursuits end in a crash," Alpert says. "The officers I've
interviewed feel horrible when a crash results. Most don't want that to
ever happen again. It's damaging to them, as well as to the victims and
their families."
In the heat of the moment, officers get involved in a chase anxious to
put criminals behind bars; they're focusing on the bad guys and not the
public. "The police departments which have created restrictive pursuit
policies are essentially saying the command staff and chiefs have
decided for the officers about what is worth chasing for and what isn't,"
Alpert explains. "They're balancing the need to apprehend suspects with
the potential risks to the public."
Chicago and Dallas policies
The Chicago (Illinois) Police Department revised its pursuit policy in
April 2003, according to Patrick Camden, deputy director of news
affairs. "It was done to ensure departmental and public safety," he says.
"Since we instigated the new policy, high-speed pursuits and crashes have
declined dramatically."
The criteria to decide if a chase is initiated or continued is based on
a balancing test, which the policy says is "the necessity to
immediately apprehend the fleeing suspect outweighs the level of inherent danger created by a motor vehicle pursuit."
When applying the balancing test, officers have to take into
consideration the speeds involved, maneuvering practices required to maintain vehicle control, volume of pedestrian and vehicular traffic, and weather and road conditions. If the suspect's identity has been clearly
established so later apprehension can be achieved, officers should consider not initiating or terminating an active pursuit. Thirdly, "whenever a pursued vehicle or pursing department vehicle is involved in any property damage traffic crash," the balancing test would help officers decide to terminate a pursuit.
The 13-page Chicago policy covers prohibitions (must be a more serious
crime than theft or a nonhazardous traffic violation), authority and
accountability, responsibilities and procedures when a pursuit is
initiated and when it's terminated, and more.
One law enforcement agency that keeps improving its pursuit policy is
the Dallas (Texas) Police Department. "We've had a pursuit policy for
more than 20 years," says Lt. Randall Blankenbaker of the Dallas PD's
Planning and Accreditation Unit. "It has evolved over time to the current
policy, which was implemented in June of this year. The change was
influenced by a desire to increase officer and citizen safety during
high-speed pursuits."
The reason for the latest change was to restrict pursuits to these
circumstances:
When the officer has probable cause to believe that a felony involving
the use or threat of physical force or violence has been, or is about
to be, committed, and the officer reasonably believes that the immediate need to apprehend the offender outweighs the risk to any person of collision, injury or death, or to assist another law enforcement agency that has initiated a pursuit under the same circumstances.
"While it's not possible to accurately know what groups were involved
in past changes, this most recent update was formulated by a panel of
lieutenants," Blankenbaker recalls. The chief of police reviewed and gave
his final approval, he says. The panel also looked at other police
agencies' policies, the International Association of Chiefs of Police
(IACP) model policy, the Commission on Accreditation for Law Enforcement
Agencies (CALEA) standards, pursuit research papers, books, etc. It then
conducted focus groups among Dallas PD officers and supervisors and
studied Dallas PD pursuit statistics for 2004 and 2005.
The policy states, "The officer must always base the decision to pursue
on probable cause, known facts and circumstances that can be
articulated by the officer." The officer is expected to consider "such things as the nature and seriousness of the offense, or suspected offense, and be consciously aware of weather conditions, traffic control devices,
character of the neighborhood (residential or business), traffic volume, and road and vehicle conditions."
When an officer initiates a pursuit and calls the dispatcher, the
dispatcher will assign a field supervisor, who monitors the pursuit and can join it, if necessary. That supervisor also can discontinue the pursuit if the known circumstances or facts don't justify continuing it,
actions increase the danger to the officers or the public, or "the risk to
any person of injury, collision or death outweighs the immediate need to
apprehend the offender." It's also the supervisor who authorizes the
deployment of tire deflation devices. (See "Tire deflation technology" on
Page 40.)
Other agencies update theirs
The Orange County Sheriff's Office in Orlando, Florida, regularly
updates its policy governing the conduct of deputies related to vehicle
apprehensions and pursuits written in 1995. The most recent sets of
revisions were in 2003 and 2006, according to Cpl. Tim Gillespie of the
agency's training division.
"In May 2005, a person with an extensive criminal history was driving a
stolen vehicle and attempted to evade Orange County deputies,"
Gillespie recalls. "At one point he failed to stop for a red light at an
intersection, striking a vehicle containing a brother and sister, killing
them. In an effort to leave no question about the duty to all citizens,
the vehicle apprehension/pursuit policy was again reviewed, revised and
amended.
"For the 2003 revision, we used a committee of several Orange County
Sheriff's Office subject matter experts and a community activist whose
daughter was tragically killed by a felon being pursued for aggravated
battery with a firearm in 2001," he continues. "For the 2006 revision,
portions of definitions were crafted after the IACP model definition of
vehicle pursuit. Several other law enforcement agencies' policies were
culled for a thorough understanding of the topic. A final product was
submitted to Orange County's administrative staff and reviewed by
in-house subject matter experts."
He notes that after training completed in March, feedback from those in
attendance resulted in some minor changes, so the new revisions have
been in affect since April.
The Orange County Sheriff's Office general order sets out specific
criteria as to threshold crimes for which a vehicle pursuit can be
undertaken. "Those are violent forcible felonies as defined in Florida State Statutes," Gillespie explains. "Beyond that, the safety of all involved is constantly monitored by the deputies, their supervisors and the watch commander. Significant factors when considering a vehicle pursuit include vehicular and pedestrian traffic, the ability to maintain contact with the supervisor, and many others. The list is suggestive and never meant to override the immediate concern of the deputy ¯ to ensure
safety."
The pursuit policy in Tulsa, Oklahoma, was issued almost 30 years ago.
"Department leadership, as well as the Pursuit Review Board and members
of the Precision Driver Training Unit are involved in updates,"
explains Capt. Travis Yates. "Recent revisions conform to the IACP model
pursuit policy adopted in 1996. We look at the policy each year and evaluate it. That's important for every agency to do. While we haven't changed it recently, we look at officers' actions and pursuit statistics to determine whether it needs to be modified."
If a pursuit moves into a situation that might endanger others, the
officer and supervisor can terminate it. "Our policy also mandates the
termination of a pursuit if our helicopter is present," he says. "This has
worked very well. As officers back away from the pursuit, the suspect
will normally slow down and stop. The helicopter crew will then relay
that location to officers on the perimeter."
In 2005, the Tulsa Police Department terminated more than 19 percent of
pursuits: officers terminated 5 percent, supervisors 5 percent and 9
percent were ended by the presence of the helicopter.
"We must take the issue of police pursuits and police collisions
seriously," Yates advises. "The most dangerous part of an officer's job is
not the calls he goes to but the car he drives. Vehicle collisions and
pursuits are killing more officers than anything else."
He adds, "Our mentality must change. Pursuit and collision deaths do
not have to be a price that we pay. It shouldn't take the media pressing
the issue or the death of a civilian for departments to change the way
they do business."
The Los Angeles Police Department (LAPD) has had a written pursuit
policy since the 1960s. "It's been revised continually and modified to
comply with any legislative changes that have occurred," says Sgt. Robert
Reid. "In addition to department personnel, the LAPD reports to a
civilian oversight committee known as the Police Commission. It has the final review of any policy changes."
He mentions that in 1994 the California Commission on Peace Officer
Standards and Training developed a set of pursuit guidelines to assist
California agencies in developing individual pursuit policies. The policy
was revised in April 2005 to incorporate the use of tire deflation
strips and the Pursuit Intervention Technique (PIT) as options to officers
in pursuit. "At the same time, the Police Commission modified our
policy to exclude going into pursuit of a violator solely for a traffic
infraction," he says.
While an officer can initiate a pursuit, as it continues the assigned
supervisor provides management oversight to determine whether to
continue or stop the pursuit. "In California we also use the Balance Test as a guide," Reid explains. "The Balance Test can best be described as
balancing the seriousness of the crime and the danger the pursuit poses to
the public. This decision-making process is taught through the use of
scenario training and testing."
Training is vital
"Police pursuits are the most dangerous action an officer can take. It
is one of the few police actions that not only place the officer and
suspect in danger but every civilian on the roadway as well," Yates says.
"Departments must provide driver training on a regular basis and ensure
that their pursuit policy provides the safest environment for officers
and citizens."
In Tulsa, officers participate in a 10-hour course every 24 months. The
Tulsa Police Precision Driving Unit has 25 part-time driving
instructors and conducts more than 50 training days per year for police officers in the region. "Upon an at-fault collision, a driving instructor will ride with the officer on duty, as well as giving he or she a full-day
driving course," says Yates, who both owns and moderates
www.policedriving.com.
The LAPD also combines classroom training with practical application
behind the wheel and with driving simulators. "The simulators allow
officers to experience the effects of their decisions without risk to
themselves or the public," Reid explains. "Officers are placed in simulated pursuits that require decision making based on the Balance Test, and are then given the opportunity to review their pursuit, the decisions they made and the results of those decisions."
Besides 40 hours of academy police vehicle drivers' training, the LAPD
trains whenever the make and models of the vehicles change, and that's
on both the new and the existing fleet vehicles.
In Florida, the state requires 48 hours of driver training in the
academy. The Orange County Sheriff's Office gives 24 hours of training
before new hires are allowed to operate an agency vehicle. "Beyond that,
every deputy receives eight hours of training every other year in law
enforcement vehicle operations," Gillespie says. "Training is done in the
classroom and on the driving range, but the time deputies spend driving
is maximized."
Classroom training only covers policy review and briefing on the day's
activities. "During the 2003-2004 training cycle, the emphasis was
pursuit decision making, the dynamics of stress on driving and practical
application of tactics," he notes. "During the 2005-2006 training, we
progressed to actual practical exercises involving vehicle pursuits,
felony stops, deployment of Stop Sticks and other tactics."
His advice for other departments is to teach officers to drive by
letting them drive. "Take the time, and expense, to train relevant and
realistic scenarios they are likely to encounter in their tactical
operations," Gillespie says. "Driving is a perishable skill which needs to be updated regularly. Poor judgment, bad habits, new equipment and revised
policy are just some of the reasons to make sure each and every one of
your deputies/officers has regular driver training."
He concludes, "Make the training staff maintain professional
credentials and stay up-to-date on trends, case law and local training efforts. With the ever-increasing trend of law enforcement officers being hurt and killed in and around their vehicles, it's the responsibility of all members to take driving seriously. Always keep foremost: 'You can't
assist if you don't arrive.' "
Kay Falk is an independent writer with more than 18 years of experience
in writing for trade publications. She can be contacted at (920) 563-1511.
Tire deflation technology
"Tire deflation devices are a must if a law enforcement agency wants to
reduce the dangers of police pursuits," says Capt. Travis Yates of the
Tulsa (Oklahoma) Police Department. "They will no doubt slow a pursuit.
Our agency has experienced great results with a limited number of
devices. In every instance, the suspect has stopped within minutes of
deployment. We plan to place the device in every marked car within six
months."
And, the devices can be used in tandem with other high-tech options to
control pursuits. Consider the Los Angeles Police Department (LAPD)
which employs Stop Stick devices and helicopters. "The spike strips are
used to slow the speed of the suspect vehicle with a controlled tire
deflation," explains Sgt. Robert Reid of the LAPD. "The helicopter is used
in several ways to ensure public safety. One way is what our department
calls the 'tracking' mode (others call it surveillance). We keep track
of the suspect with the police car being out of the suspect's line of
sight. The idea is that the suspect will slow down when he/she doesn't
see a police vehicle."
The following companies market tire deflation devices for law
enforcement.
• Stop Tech Ltd. Cliff Robson, partner at Stop Tech Ltd. in Harrison, Ohio, says his company offers two tire deflation products. "Once a
pursuit starts, officers can radio another police vehicle to get in front
of the fleeing one. Those officers deploy the lightweight, triangular
Stop Sticks, which cannot be deployed improperly. The fleeing vehicle
runs over it and a hollow quill sticks in its front tires," he says. "The
air deflates in a controlled way for 20 to 30 seconds, so the vehicle
safely goes from 90 to 100 mph to 20 to 30 mph, and the pursuing
officers can more easily apprehend the suspect."
Stop Tech requires a copy of the pursuit report when agencies request
free replacements. "We have documented 11,700 successful deployments
over the past 11 years," he notes. "One thing we've found is that up to 15
percent of pursuits start after the suspect vehicle has been pulled
over. That's why we also offer the Patrol Terminator."
Available for the past six years, this shorter device with bigger
quills is deployed by an officer as he approaches the pulled-over vehicle.
He merely drops it between the front and back tires. If the suspect
vehicle pulls away unexpectedly, its tires will deflate in 3 to 5 seconds.
"The U.S. Customs department uses Terminators at every border
crossing," Robson points out.
• Safety Stopper Inc. This Carmel, Indiana, manufacturer offers a
different twist on tire deflation devices. "Our safety stopper deployment
device, S2D2, allows deployment from the rear of a police vehicle while
the officer is inside and still in motion," explains Safety Stopper
president Brett Keith.
On the market since April 2005, the patented S2D2 is deployed via a
switch inside the vehicle. "Each S2D2 carries three Stop Sticks and is
fully functional on all types of vehicles."
• Phoenix International Ltd. This Brookfield, Wisconsin-based company
markets the patented MagnumSpike!, which has been available for 20
years. "The current system, just introduced, is the fifth generation," says Adi Dhondy, director of operations. "It's a culmination of ongoing
research and development based on feedback by users in the field."
"Upon penetration, the spike releases a large, regulated volume of air
every time," he explains. "Because the MagnumSpike! effects deflations
within the same safe short distance every time, departments can preplan
the stop in detail."
He says his product is backed by a five-year, 100-percent warranty that
replaces spikes as well as any other component. "There's no down time
because the spikes can be replaced in the field without tools, and we
don't charge shipping for replacements in the 48 contiguous states."
Phoenix International also offers a smaller version called the Magnum
Claw. "The pocket-size, wallet-shaped product can be used for DUI
checks, tactical teams serving warrants, apprehending stolen cars, etc. "If placed in front of the rear tires, it keeps the suspect from fleeing,"
Dhondy says.
Selecting a tire deflation device
Manufacturers of tire deflation devices recommend law enforcement
officials consider the following questions when selecting this technology
for patrol use.
Does this product benefit or increase officer safety?
Can this product be used effectively on any size vehicle and in all
road conditions?
Will the product's construction hold up to the rigors of law
enforcement use?
Is the product easy to deploy?
Does the device install easily? How easily can it be replaced?
What are the long-term costs (beyond the initial investment)?
What training does the company offer to users?
Emerging pursuit technologies
When it comes to pursuit technologies, tire deflation technologies have
been the mainstay for some time, but some new technologies are emerging
that also can help agencies manage pursuits.
• Mobile Police Solutions/Safe Cop LLC. Wayne Krause, president of
the Bridgewater, New Jersey, company, tries to take military applications
and apply them to products law enforcement can use easily in the field.
One of these from Safe Cop LLC is Auto-Vu. "In this system, designed to
combat auto theft, two camera pods are mounted on a police vehicle,
with a central processing unit in the vehicle's trunk, all linked to a
laptop," he explains. "One camera takes digital photos forward and the
other to the side. The cameras record license plates."
With this system, the officer is connected to a central department
computer, which has downloaded federal and state stolen cars databases. As
the cruiser goes about its business, the system runs cars it sees ahead
or parked along a street and alerts the officer when a stolen car is
detected. "A photo of the license plate and the car appears on the
officer's screen, along with a global positioning system (GPS) map of where the vehicle was when the police car passed it. Even switched plates show up," Krause says. "It's clear if a Cadillac license is now on a
Mustang. The Auto-Vu shows all offenses associated with a license plate, too. The system can handle 11,000 plates an hour."
In a pursuit, this system will allow officers to safely locate a
vehicle after its parked, rather than put lives at risk in a high-speed
chase.
By January 2007, Safe Cop will soon handle StarChase, a tagging and
tracking pursuit management system now under development. It's currently
being tested by the LAPD and the Florida Highway Patrol. This system
consists of a vehicle-mounted 40-caliber launching device behind the
grille that discharges a tagging projectile containing a miniature GPS
receiver, battery and radio transmitter in an epoxy compound. The tag
adheres to the suspect vehicle and transmits its location coordinates to a
central server. Police dispatchers can view the vehicle's location and
movements. "Officers can apprehend suspects without a chase," Krause
says.
